Which statement describes the right of survivorship in a joint tenancy?

Which statement describes the right of survivorship in a joint tenancy?

• A. The deceased co-owner's share passes to the surviving co-owners.
• B. The property passes to the decedent's heirs.
• C. The property remains with the deceased's estate.
• D. The property is partitioned.

Answer: (A)

The right of survivorship in a joint tenancy means that when one co-owner dies, that owner’s interest does not go to their heirs or their estate. Instead, the deceased owner’s share automatically passes to the remaining co-owners, who then hold the entire property together. This happens because joint tenants hold the property with equal time, title, interest, and possession, creating a built-in mechanism for a surviving owner to continue owning the whole property. Because the transfer goes to the survivors, the deceased person’s estate typically isn’t involved, and probate can be avoided for that portion. This is different from tenancy in common, where a deceased owner’s share would pass according to a will or intestate law to the heirs. The other scenarios—the property passing to heirs, remaining in the deceased’s estate, or being partitioned—do not describe the survivorship feature of joint tenancy.

The right of survivorship in a joint tenancy means that when one co-owner dies, that owner’s interest does not go to their heirs or their estate. Instead, the deceased owner’s share automatically passes to the remaining co-owners, who then hold the entire property together. This happens because joint tenants hold the property with equal time, title, interest, and possession, creating a built-in mechanism for a surviving owner to continue owning the whole property. Because the transfer goes to the survivors, the deceased person’s estate typically isn’t involved, and probate can be avoided for that portion. This is different from tenancy in common, where a deceased owner’s share would pass according to a will or intestate law to the heirs. The other scenarios—the property passing to heirs, remaining in the deceased’s estate, or being partitioned—do not describe the survivorship feature of joint tenancy.